ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  8 April 2019

	DOCKET NUMBER:  AR20170009990


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his first name as XXXXX
* his date of birth (DOB) as XX March XXXX

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Court Order, Name Change
* Certificate of Birth, New Jersey

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states that he legally changed his first name to XXXXX on 13 May 2011 and his DOB should be XX March XXXX.

3.  On 30 September 1972, he enlisted in the Regular Army.  His name is listed as
XXXXX on his DD Form 4 (Enlistment Contract-Armed Forces of the United States).  His DOB is listed as XX March 1955 on this same document.

4.  The name listed on his DD Form 214 is the only name recorded in his military records.  His original birth certificate is filed in the record and his DOB is shown as 
XX March XXXX.

5.  He was discharged on 9 March 1973.  His DD Form 214 lists the same name shown on his enlistment contract.  His DOB is shown as XX March XXXX.

6.  He provides the court order that legally changed his name to XXXXX, effective 13 May 2011.  He also provides a copy of his birth certificate with his new name and the DOB shown on his original birth certificate.

7.  Regulatory guidance prescribes that the DD Form 214 will reflect the Soldier's most recent period of continuous active duty at the time the records were created.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  Based upon the name change occurring post-service, the Board found that relief was not appropriate.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the name on his DD Form 214 to reflect his legal name change.

	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.  All available military records will be used to prepare this form.

ABCMR Record of Proceedings (cont)	 AR20170009990
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